Grievance Procedure

Tavy District U3A Grievance Procedure

Adopted: 5/9/18

Review Date: September 2020

In any organisation, problems and grievances will occur from
time to time. It is important that
members know where to turn for help, advice and support, so that whatever the
issue, it can be dealt with quickly, objectively and appropriately. This
procedure sets out how Tavy District U3A will approach problems and grievances,
to ensure they are dealt with in this way. All parties are encouraged to take a
problem-solving approach to achieve resolution.

In dealing with grievances Tavy District U3A will ensure the
following

All action taken will be documented.

Grievances (including the appeals procedure)
will be dealt with quickly and fairly.

Tavy District U3A will try to de-escalate the
situation and try to settle the issue without having to resort to formal action.

Confidentiality will be maintained at all times.
For serious issues Tavy District U3A may contact the Third Age Trust for
support. This may include liaising with the Regional Trustee and/or Trust
volunteers supporting the U3A to deal with the issue. Sharing information with
the Trust will not constitute a breach of confidentiality due to Tavy District U3A’s
affiliation to the Trust. Members involved in grievance procedures will be
informed of the involvement of the Trust.

All communication will be based on fact and
evidence provided.

Confidentiality

All procedures and documents relating to a grievance must be
kept confidential at all times. Information should only be shared with those
who have a genuine need to receive it. This may include Third Age Trust staff,
Trust volunteer/s and the Regional Trustee. All situations should be dealt with
discreetly and by showing respect to the parties and views involved.

Problems for a group convenor within an interest group

Problems can arise within a group, for example:

disruptive and/or unsocial behaviour;

poor attendance/timekeeping;

unsuitability;

failure to pay fees;

disagreement between members.

Participants in any group or organisation will, on occasion,
have concerns or complaints. In most cases the group convenor will be able to
resolve the situation informally and amicably by just by having a quiet word
with the member or members in question. For example, in certain situations
asking a member to leave the group for the remainder of the session to give
time for the convenor to talk the matter through with them may well be the best
solution.

If it requires more, or this approach fails and the problem
persists, the group convenor should refer the matter to the branch vice
chairman. The group convenor should not allow a situation to continue which
impacts on the enjoyment of other members of the group.

Group Convenors should not have the authority to exclude a
member from the group permanently. That decision must be made by the Committee
and should a convenor refuse to have a member in the group, it will not be
possible for that group to continue with that member running it. Similarly, if
a convenor refuses to have a particular member in his/her house, then it will
not be possible for the group to continue to be hosted there.

Problems with the Group Convenor

Initially, the member or members should try to resolve the
problem by discussing it with the group convenor. However, if this is
unsuccessful or if the member or members involved feel unable to do so, the
matter should be referred to the groups co-ordinator.

Problems within the U3A as a whole

Member to member.

Member to the Committee.

Member to an individual trustee.

Committee member to Committee member

A member who brings the U3A into disrepute or
acts in a way that is prejudicial to the U3A.

A member who causes damage to property and/or
equipment, for example, through misuse or negligence

The above should all be referred to the branch vice chairman
in the first instance unless that person is personally involved, in which case,
it should be referred directly to the Chair. Responsibility for dealing with
grievances (other than those raised by or against the Chair) rests with the
Chair and the Committee.

Informal procedure

When a problem/grievance is referred to the Groups’
Coordinator he or she they will:

gain
clarity from the outset as to what the nature of the problem/grievance is. Ask
people to cite specific examples of behaviour, with dates where possible.

attempt
informal resolution,

have an informal discussion with each party
concerned to understand the problem and hear each party’s views. The parties
may decide to put their concerns or complaints in writing, and for the sake of
clarity this is often helpful.

seek to summarise the situation with both
parties, be clear about any required changes to ensure it does not happen
again, and to clear the air.

If the groups co-ordinator feels that there is a
case to answer but that nevertheless it is a minor issue, he or she will make
it clear to all present that there must be no repeat of the sort of
actions/behaviour which led to this problem. In this case no further action is
necessary.

If, however, the groups co-ordinator feels that
the situation warrants a more formal approach or a particular course of action
e.g. exclusion from an interest group, or if the person raising the grievance
wishes to lodge a formal grievance the matter will be referred, in writing, to
the Chair of the branch stating that this is a formal grievance. This should
include a summary of the grievance and any action that the parties involved
consider necessary to resolve it.

Committee procedure (formal)

The formal grievance procedure should only be activated
after every effort has been made to resolve the issue informally.

The Chair will appoint a subcommittee of 2/3 committee
members, which will usually chaired by the branch vice chairman, to hear the
grievance.

The vice chairman should ask the aggrieved party to provide
details of the grievance in writing. The
grievance should be very clear and specific, with dates and times if relevant.

The vice chairman should advise the aggrieved party that a
meeting to hear the grievance by a subcommittee will be convened. The timetable
for the date of the meeting will be short, preferably within 7 to 14 days.

A letter should be sent to the member against whom the
grievance has been made:

advising them of the grievance

asking for their response to the grievance in
writing

advising them of the date of the grievance
hearing

advising that they can also attend the
subcommittee meeting to state their response in addition to their written
response

advising them they may choose to bring a
companion who will also be bound by confidentiality, if they wish.

A letter should be sent to the member lodging the grievance

Asking them to provide clear and specific
details of the grievance including dates and times if relevant

Advising them of the date of the grievance
hearing

Advising that they can also attend the
subcommittee meeting to state their grievance in addition to their written
response

advising them they may choose to bring a
companion who will also be bound by confidentiality, if they wish.

If either member advises that there are witnesses to the
grievance incident(s) who are willing to give representations, they should ask
those witnesses to contact the subcommittee to agree to giving a statement
relating to the specific grievance incident(s) that they have witnessed.

The subcommittee meeting

The meeting must be minuted. The minutes must be confidential.
(If you are a U3A that publishes your minutes these MUST NOT be published on
your websites or distributed to anyone outside of the subcommittee.)

This subcommittee will then consider the matter, taking into
account any mitigating circumstances and agree what action to take. They should
record their decision and give reasons for the decision based on the factual
information provided in the statements and verbal reports provided.

Possible forms of action

Level 1- no case to answer. No further action
necessary

Level 2- a verbal warning about future conduct
by an elected officer with another officer present, details of which should be
confirmed in writing.

Level 3 – a written warning which clearly states
what will happen if the situation is repeated.

Level 4 – a final written warning, which if
breached will result in automatic escalation to level 5

Level 5a – exclusion from an interest group.

Level 5b – termination of U3A membership.

Gross misconduct

If there is a case to answer, for most problems you will
start at Level 1. However, in the case of an extremely serious proven
misdemeanour, for example:

Sexual/racial abuse, discrimination, harassment,
bullying.

Dangerous or violent behaviour.

Falsification of expense claims.

Theft.

Malicious damage.

Conduct which brings the U3A into disrepute or
is prejudicial to the U3A or the running of the U3A

the committee has the right to move immediately to Levels 3,
4 or 5, including asking the member to leave the interest group or to leave the
U3A, depending on the outcome.

Grievance against the Chair

If the grievance is against the Chair of the Committee, then
the Vice Chair will replace the Chair in the procedure. In this case and in the
event of an appeal, the Vice Chair may choose to ask committee members from a
neighbouring U3A or seek advice/request attendance from Third Age Trust staff
or trustees.

Decision

The decision will be communicated in writing to the member
against whom a grievance has been made advising them if the grievance has been
upheld or not upheld.

If the grievance has been upheld, they will be informed:

of the action that will be taken as a result;

that they
have the right of appeal;

that the right of appeal can only relate to the
original grievance;

that the appeal request must be lodged within 7
days with the designated trustee.

Right of appeal

An appeal, providing it is lodged within a 7 day period, can
take the form of written representation for the committee to consider or a
request for a right of reply.

In either case the branch Chair should be informed of the
intention to appeal by the member.

The Chair will then convene and usually chair a further
sub-panel of committee members who did not hear the original grievance, to hear
the appeal.

This sub-panel should consider any written response and make
their decision on whether to uphold the appeal or not.

This should be independent of the initial hearing and
committee members should not discuss this outside of the appeal sub-panel.

If the member concerned requests a right of reply the
sub-panel should arrange an appeal meeting with the member in question, who,
again, may be accompanied by a companion who may also speak in a personal
capacity.

The whole issue should be summarised and then the member
given the opportunity to speak, along with their companion, if they wish to.

The sub-panel will review its decision, taking into account
any mitigating circumstances, and then make a final decision, which must be
communicated in writing within 7 days of the appeal meeting.

The decision must be minuted and these minutes must be kept
confidential.

The Committee’s decision following any appeal is final and
confidentiality must be maintained. Exceptions to this would be for gross
misconduct issues that necessitated informing appropriate authorities and legal
advice would be sought by National Office.